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Ninth Circuit Affirms CERCLA 104(e) Information Request Triggers Insurer’s Duty to Defend

USA - May 12 2016 As part of EPA's investigation of a Superfund site, EPA typically issues a 104(e) information request to any person or entity that EPA believes to…

Federal Judge Dismisses Civil Rights Claims in Proposed Class Action for Flint, Michigan Water Contamination

USA - April 20 2016 Yesterday, Judge Corbett O'Meara, of the United States District Court for the Eastern District of Michigan, dismissed a proposed class action…

Pennsylvania Superior Court Affirms Certain Materials Prepared by Engineering Consultant Were Not Privileged Expert Materials

USA - February 1 2016 On Friday, the Pennsylvania Superior Court issued a non-precedential opinion that affirmed a trial court's order denying objections filed by natural…

Is More Pre-Enforcement Review of PADEP Penalty Proposals Now Available?

USA - January 25 2016 Just days before the New Year, the Pennsylvania Supreme Court ruled that a private party could initiate a declaratory judgment action in the…

Pennsylvania Supreme Court Allows Pre-Enforcement Review of DEP’s Continuing-Violations Penalty Policy under the Clean Streams Law

USA - January 5 2016 To close out 2015, the Pennsylvania Supreme Court issued Several Opinions last week, including one that may potentially impact how parties challenge…